Q: Will California family court order retirement benefits to be paid after petitioner has passed away and no QDROs?
Petitioner’s lawyer failed to file QDROs on respondent’s defined benefit retirement plans. Marriage was bifurcated due to age and health of both respondent and petitioner. Judge’s orders on the bifurcation stated that QDROs needed to be filed all retirement plans. A year later, no QDROs ever filed on the plans, the petitioner passed away before any trial was set for the retirement benefits. Petitioner’s estate claims that they are entitled to retroactive as well as all retirement benefits that were owed to petitioner until respondent’s death. Respondent’s benefits center stated that payments revert back to respondent (payee) after death of petitioner (alternate payee) and that a post death QDRO will not be accepted. Will a California family court order the respondent to pay the petitioner’s estate the retirement benefits when a QDRO was never filed and the fact that the petitioner should have been receiving her benefits when she was alive.
A:
In California, family courts have the authority to divide retirement benefits in divorce cases using a qualified domestic relations order (QDRO). A QDRO is a court order that allows the non-employee spouse to receive a portion of the employee's retirement benefits. If a QDRO is not properly filed and approved, the non-employee spouse may not be entitled to receive any portion of the employee's retirement benefits.
In the case you describe, if a QDRO was never filed on the respondent's defined benefit retirement plans, it may be difficult for the petitioner's estate to recover retroactive or ongoing retirement benefits. Without a valid QDRO, the respondent may be entitled to receive all of their retirement benefits, even after the petitioner's death.
However, the petitioner's estate may wish to consult with a family law attorney to determine if there are any legal options available. It's possible that the estate may be able to file a motion in family court to enforce the previous orders and seek a retroactive QDRO. However, the outcome of such a motion will depend on the specific circumstances of the case, including the language of the original orders and any applicable laws.
It's important to note that family law cases can be complex and fact-specific, and the information provided here is general in nature. If you have specific legal questions or concerns, it's best to consult with a qualified family law attorney in California.
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